Jones & Guerrero Co., Inc. v. Sealift Pacific, a Corporation

Good Law
650 F.2d 1072·31 Fed. R. Serv. 2d 1663·1981 U.S. App. LEXIS 11533
United States Court of Appeals for the Ninth CircuitJuly 13, 198179-4803California795 words

Opinion

Opinion

Sealift Pacific appeals the district court’s order setting aside its previous order of dismissal and remanding the case to the Superior Court of Guam. We dismiss the appeal.

Jones & Guerrero brought this action on a promissory note against Sealift in the Superior Court of Guam. Sealift removed the action to the District Court of Guam on the basis of diversity of citizenship. The district court dismissed the removal petition, holding that it had no diversity jurisdiction. In Jones & Guerrero Co. v. Sealift Pacific, 554 F.2d 984 (9th Cir. 1977) (2-1 decision), we reversed. This reversal was based on the companion case Mailloux v. Mailloux, 554 F.2d 976 (9th Cir. 1977) (2-1 decision), in which we held that the District Court of Guam had original jurisdiction in diversity cases.

The Supreme Court reversed Mailloux in Chase Manhattan Bank v. South Acres Development Co., 434 U.S. 236 , 98 S.Ct. 544 , 54 L.Ed.2d 501 (1978) (per curiam), holding that the District Court of Guam has no diversity jurisdiction. Upon receiving the Supreme Court’s Chase Manhattan mandate, the district court entered a blanket order in June 1978, dismissing twenty-two diversity cases, including twenty-one…

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